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Home My WebLink AboutAugusta- Richmond County Augusta Richmond GA . DOCUMENT NAME: A~ WtO- ~ \l.:,C-"""'o.....J 0:>u.Y' B.f DOCUMENT TYPE: ~ < <on <,,-\: YEAR: q 7 BOX NUMBER: l' FILE NUMBER: I Co52 2. NUMBER OF PAGES:. "7 DEC-06-2002 09:38 AM AUGUSTA CANAL AUTHORITY ~PR 2Z ;'97 09:21AM . l 706 823 1045 P.02 P.2/21 '.~ 1 . < ;- INTERGOvERNMENTA.L AGREEMENT BETWEEN mE AUGUSTA CANAL AUTHOlUTY AND . AUGUSTA-RICHMOND CoUNTY THIS IN'X'ERGOVERNMENTAL AGREEMENT entelOd into .t/:z~, 1997 between the AUGUSTA CANAL AUTHORITY (the,IIAuthontY")1 a public body corporate and politic under the laws of the State of Georgia and RICHMOND COUNTY, (the "County") a political subdivision of the State of Georgia. o WHEREAS, the Authority is hiring an Executive Director (the -Director") but has no other employees and desires for the County to pay the Director and provide the fringe benefits therefor as well as paying withholding tax, PICA taxes and other similar item5; and WHEREAS, the County is willing to undertake these obligations on behalf of the Authority; and WHEREAS, the Authority is entering into a number of projects with related financial commitments in carrying out the purposes for which it was created and needs a source of revenue to meet these commitments and complete these projects and the County is willing to provide such revenues as herein specified; NOW, THEREFORE. in consideration of the premise and the mutual covenants herein contained, the adequacy of which is acknowledged by each party. it is a:reed as follows: 1. Payment of Director. County shall pay to the Director all salary, automobile allowance, expense reimbursement, and other amounts due to the Director under the Employment Agreement between the Authority and the Director, a copy of which is attached hereto as Exhibit "A" (the."Employment Agreement"). The Director will be provided by the. County on behalf of the Authority with all fringe benefits provided to employees of the 706 823 1045 P.03 P.3/~1 DEC-06-2002 09:38 AM AUGUSTA CANAL AUTHORITY ~R 22 '91 eg:21AM ..~ ( J ~ ., ~~ ..... County in positions comparable to the Director's position. AU amounts paid by the County to or on behalf of the Director under the terms of the Employment Agreement whether through direct payment, indemnification, employer's contribution to PICA, retirement, health coverage, worker's compensation coverage or otherwise shall be deducted from the water revenues received by the County from the sale of water from the Augusta Canal prior to such funds being transferred to the Authority as provided in Section 2 below. 2. Revenues to Authority. The County shall transfer to the Authority all revenues received by the County from the sale of water from the Augusta Canal (other than water removed from the Augusta Canal for treatment and sale to the public through the I~, "f' '-""o{.f I'~'~~ US~~~..,c.....&--. Augusta. Water System); A. These funds shall be transferred to the Authority monthly and shall be used by the Authority in paying its operating expenses and carrying out the purposes for which the Authority was created, 3. Functions or the Authority. The Authority shall use the funds received from ~e County hereunder to pay its operating expenses, to carry out the functions and purposes for which it was created including, but not limited to, implementing the master plan for the Augusta Canal to the extent,. reasonable and economically feasible. 4. To the extent allowed by law, the Authority shall indemnify and hold Richmond County harmless 88ainst all expenses (including attorney's tees), damages, judgments, fines and amounts paid in settlement &etually or reasonably incurred by Richmond County as a result of acts or omissions of the Employee. Richmond County shall have the right to deduct all such amounts from the water revenue received by the County from the sale of water from the Augusta Canal prior to such funds being transferred to the Authority. DEC-06-2002 09:39 AM AUGUSTA CA~A~ AUTHORiTY 7136 823 1045 P.04 P.'V~l APR ,2 '97 ~9:22~M .. .. .~ ~ s. No Joint Venture. This Agreement shall not constitute the parties hereto as joint ventures or partners and neither party shall be deemed to be an alent of the other. 6. Term. This Alreement shall be for a term of ten (10) years and shall be automatically renewed far additional ten (10) year periods unless either party shall at leut 180 days prior to the termination of this Agreement or the then current term give notice that it will not renew the term upon its expiration. There may be three such ten ye:u: extensions. IN WITNESS WHEREOF. the parties hereto have caused their duly authorized officers to execute this Intergovernmental Agreement. RICHMOND COUNTY [SEAL] AUGUSTA CANAL AUTIlOlUTY B~:l A~~' Its Chairman (l15 t? ~~..: (?~ ~~ Secretary [AUTfIOlllTY SEAL] '" " ,: ':. . .:~ - . - ~. ~. ;:, .~? ':.,:- ~ 'J .. ........ ~..> .: ,.. ...-............." .,' .... .-........... DEC-06-2002 09:37 AM AUGUSTA CANAL AUTHORITY 706 823 1045 -.-. . FAX COVER SHEET DATE: Friday, December 06,2002 TO: Betty FAX: 821-1838 FROM: Karen Wesson, Administrative Assistant NUMBER OF PAGES INCLUDING COVER 7 MESSAGE: Copy of the Intergovernmental Agreement per your request. Thanks, Karen P.01 Dlyton L. lherrOUN. AleP E>>lecutlve Director Board Member. Jeanie C. Allen RlClharcl S. Burialen O. Hugh Connolly Rlchtlrd S. Fe>>( Her1)ert J. KacSo MI!I'Y K. Martin otltrtch W. Oeller\Ch, Jr. Thornell H. RoberblOn N. Tumtr Slmklns Fran Felton Stewart Jack vane/Ileon Robert S. Woodhural, III AUTHORITY OftIce 706.823.0440 Fa 706.823-104S E..Mall eh8lTO\lll4GlaugU&taoanlJl.oom Internet WHN .1Iugullblcal18l.com 1450 Greene SII1Hlt, Suite 400 Augusta. GeOrgia 30001 Poet omce BOll 23B7 Auguahl, GeorgIa 3()l103.23e7 DEC-06-2002 09:40 AM AUGUSTA CANAL AUTHORITY 706 823 1045 P.05 .,. -': AMENDMENT TO INT~RGOVERNMENTAL AGREEMENT BETWEEN AUGUSTA CANAL AUTHORITY AND RICHMOND COUNTY WHEREAS, on May 6, 1997/ an Intergovernmental Agreement ("Agreement") was entered into between The Augusta Canal Authority (the "Authority"), a public body corporate and politic under the laws of the State of Georgia and Richmond County (the "County"), a political subdivision of the State of Georgia, providing, iDter alia, for the hiring of an Executive Director; and WHEREAS, the Authority and the county desire to amend said Agreement to provide in addition for the Authority's hiring of an Administrative Assistant; NOW, THEREFORE, in consideration of the premise and mutual covenants herein contained, the adequacy of which is acknowledged by each party, it is agreed as follows: 1. County shall pay to the Administrative Assistant all salary and other amounts due the Administrative Assistant as authorized by the Authority or its Executive Director. The Administrative Assistant will be provided by the County on behalf of the Authority with all fringe benefits provided to employees of the County in po'sitions comparable to the Administrative Assistant. All amounts paid by the County to or on the behalf of the Administrative Assistant, whether through direct payment, indemnification, employers contribution to FICA, retirement, health coverage, workers I compensation coverage or otherwise, shall, in addition to such sums as paid by the County on behalf of the Executive Director, be deducted from the water revenues received by the County from the sale of water .from the Augusta canal prior to DEC-06-2002 09:40 AM AUGUSTA CANAL AUTHORITY 706 823 1045 P.06 .. such funds being transferred to the Authority as provided in Section 2 of said Agreement dated May 6, 1997. 2. It is recognized and understood between the parties that the Administrative Assistant is an employee of the Authority, and is an employee at will. The Authority, however, agrees to abide by the Personnel policies and Procedures of Augusta, Georgia, as now. existing or hereafter amended, as it relates to said employee; provided, however, any decision from the ~ersonnel Board relating to said Administrative Assistant shall be appealed to the Authority, who shall have final decision making authority regarding any appeal filed by such Administrative Assistant. 3. All other terms of said Agreement dated May 6, 1997 are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this A.mendment to Intergovernmental Agreement. " cyu> Thb \Il)CIIIllInt IPIlIl~td n [SEAL] 'f/!:,fN"'It ome I AU~Cl\NAr;f"~\f_=) d.~ O~> B' C_~ .......... Y'AS its "Chai;man' C~~LU. e ~. s~etary . [SEAL) 2 DEC-06-2002 09:41 AM AUGUSTA CANAL AUTHORITY 706 823 1045 P.07 - . .- .-.-..... .............-.... ,.' ..", Mr. James B. Wall City Attorney 454 Greene Street Augusta, Georgia 3.0901 Dear JIm, Office of the Administrator Room 801 . City.County Bldg (11) 530 G raene ,Street Aogusta, Georgia 30911 (106) 811-2400 F~"( (706) 311.Z319 Charles R. Olivllr, PE CP,4 Administrator May 7,1997 The Augusta-Richmond County Commission, at its Regular Meeting held Tuesday, May 6, ; 997, approved an I ntergovernmenta' Agreement between the Canal AuthoritY and Augusta-Richmond County to provide for the sale of water from the Canar and for the employment of the Executive Director. (As recommended by the Finance Committee at their meeting held April 28, 1997.) Should you have any questions in this regard, please do not hesitate to call. CRO/shw cc; Mr. A. B. McKie /Mr. Dick Fox 5-6-97.#23 Sincerely, p-~ Charles R. Oliver Administrator